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2009 Supreme(AP) 11

G.ROHINI
E. N. Satyanarayana – Appellant
Versus
Chowdamma – Respondent


Advocates appeared:
Mr. M.R. Mohammed Irfan, Counsel for the Petitioner.
Mr. E.V. Bhagiratha Rao, Counsel for the Respondent.

ORDER

This Civil Revision Petition is directed against the order dated 23-07-2008 made in E.P.No.129 of 2006 in O.S.No.9 of 2004 on the file of the Court of Junior Civil Judge, Hindupur directing arrest of the revision petitioner in execution of the decree dated: 02-03-2006 irtO.S.No.9 of 2004.

2. The fact, in brief, are as under:

The respondent herein filed O.S.No.9 of 2004 on the file of the Court of Junior Civil Judge, Hindupur for recovery of Rs.45,000/- allegedly due from the defendant/revision petitioner. The said suit was decreed by judgment dated: 02-03-2006 as prayed for. Pursuant to the said decree, the respondent/Decree Holder filed E.P.No. 129 of 2006 under Order XXI, Rule 38 of the Code of Civil Procedure, 1908 for arrest of the revision petitioner/Judgment Debtor, alleging that he was evading the payment of the decretal amount. In support of the said allegations she got herself examined as P.W.1 and two more witnesses were examined as P.Ws. 2 and 3. The extract of the Certificate of Registration of a Car was also marked as EX.P-1 to substantiate the plea that the Judgment Debtor owned a Maruti Car and that he had sufficient means to pay the decretal amount. The Judgment











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